Keith v. City of Philadelphia
Supreme Court of Pennsylvania
ERROR TO THE COURT OP COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 234 January Term 1889, Sup. Ct.; court below, No. 364 March Term 1879, C. P. No. 4, M. L. D. On March 11, 1884, a scire facias issued sur municipal claim for $391.84, for paving and curbing, against a lot of ground at the northeast corner of Indiana and C streets, filed May 15, 1879, wherein the city of Philadelphia, to use of Jacob M. Peters, was plaintiff, and Orines B. Keith and others, heirs at law of…
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ERROR TO THE COURT OP COMMON PLEAS NO. 4 OF PHILADELPHIA COUNTY. No. 234 January Term 1889, Sup. Ct.; court below, No. 364 March Term 1879, C. P. No. 4, M. L. D. On March 11, 1884, a scire facias issued sur municipal claim for $391.84, for paving and curbing, against a lot of ground at the northeast corner of Indiana and C streets, filed May 15, 1879, wherein the city of Philadelphia, to use of Jacob M. Peters, was plaintiff, and Orines B. Keith and others, heirs at law of Julia B. Keith, deceased, and B. W. Beesley, administrator of Julia B. Keith, were defendants. The defendants pleaded to…
1Opinion of the Court
Opinion,
Mr. Justice Clark :
In applying the rule of res adjudicata in tins case, the question is mainly as to the identity of the matter’ notv in issue, with what was in issue at the trial of the former scire facias, the record of which was offered and refused. This municipal claim having been filed, and the scire facias issued against certain parties as the administrator and heirs-at-law of Julia B. Keith, deceased, it would not be required of the defendants to show that they were the administrator and heirs, for that was part of the plaintiff’s case. The defendants could certainly not be *580call…
2Cases cited2 opinions
- Seely v. City of PittsburghSupreme Court of Pennsylvania · 1877
- Craig v. City of PhiladelphiaSupreme Court of Pennsylvania · 1879
3Cited by7 opinions
- Griggs v. GriggsSupreme Court of South Carolina · 1949
- City of Philadelphia ex rel. Mack v. GorgasSupreme Court of Pennsylvania · 1897
- State v. Robert P. Lewis Co.Supreme Court of Minnesota · 1898
- Borough of Dunmore v. ConradSuperior Court of Pennsylvania · 1921
- Laskey v. HiltyOhio Court of Appeals · 1951
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